ERANDAKA AND ANOTHER V HALWELA, OFFICER-IN-CHARGE, POLICE STATION, HAKMANA AND OTHERS

Editor

The two petitioners were arrested on the morning of 14.8.2001 by the 2nd and
3rd respondent police officers and other police officers for alleged theft of a
water pump. They were examined by a medical officer of a hospital at noon the
same day who found no injuries on them. The same day they were produced
before a Magistrate who remanded them until 23.8.2001. Thereafter they complained to court that they were assaulted by the 2nd and 3rd respondents and
another police officer at the police station and also by prison guards including
the 7th respondent. The petitioners were examined on 22.8.2001 by the
Judicial Medical Officer on the order of the Magistrate. The medical report
found 8 injuries on the 1st petitioner and 3 injuries on the 2nd petitioner, mostly contusions.
There was no evidence to establish individual liability of any police officer or
prison officer, to the satisfaction of the court. But it was clear that the petitioner had been assaulted whilst in prison.

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